Best Practices in the Employment of People with Disabilities in
the Federal Government
JAN welcomes Jeanne Goldberg, Senior Attorney Advisor,
from the Equal Employment Opportunity Commission.
JAN is a service of the U.S. Department of Labor’s
Office of Disability Employment Policy.
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Federal Winter Webcast Series
Agenda
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Scenarios
Discussion
Best Practices
Q&A
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Federal Winter Webcast Series
Scenario #1
An individual with a disability was interested in
federal employment, but was not able to use USA
Jobs because of her disability. She contacted the
federal agency where she hoped to get a job and
asked if she might apply for jobs in another way.
She was told that they only accepted job
applications through USA Jobs and there was no
other way she could apply.
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Federal Winter Webcast Series
Discussion
 accommodation obligation applies to the
application process
 train all staff who many come into contact with
applicants
 Jones v. SSA, EEOC Appeal No. 0720070002
(Aug. 2, 2011)
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Federal Winter Webcast Series
Scenario #2
An individual with a disability saw a federal job
announcement and believed he met all the
qualifications. He knew about Schedule A so went in
to talk to the hiring manager. The hiring manager
told him she wasn’t in charge of Schedule A hiring
and didn’t know who was. She suggested he call
someone in DC. The individual couldn’t figure out
who to call in DC so started calling other agencies,
including JAN.
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Federal Winter Webcast Series
Discussion
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pitfalls of the "silo" mentality
staff interacting with applicants should be able to
answer questions about Schedule A hiring, or know
the contact information for the appropriate agency
point person
E.O. 13458 (2010)
The ABCs of Schedule A
http://www.eeoc.gov/eeoc/initiatives/lead/abcs_of_schedule_a.cfm

Veterans and the ADA: A Guide for Employers (Feb.
29, 2012)
http://www.eeoc.gov/eeoc/publications/ada_veterans_employers.cfm
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Federal Winter Webcast Series
Scenario #3
An HR manager had approved the use of a video
phone for a new hire who is deaf. IT Team said “no.”
HR asked about cell phone use. IT Team said “no.”
HR opted for an interpreter. Employee said “no.”
Employee filed complaint.
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Federal Winter Webcast Series
Discussion
 accommodation may require making an
exception to a policy
 don't assume undue hardship; find out how
similar offices/agencies may have handled
similar request; seek expert accommodation
advice
 employer has discretion to choose among
equally effective alternative accommodations
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Federal Winter Webcast Series
Scenario #4
A federal employee with multiple sclerosis was
having problems with fatigue. Her doctor
recommended that she take periodic rest breaks so
she disclosed her multiple sclerosis to her
supervisor and asked for a modified break
schedule. Supervisor never responded and no HR
department. Employee contacted JAN.
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Federal Winter Webcast Series
Discussion
 E.O. 13164 - procedures, training, posting:
accountability
 Kreger v. U.S. Postal Service, EEOC Appeal No.
0120080621 (March 7, 2011)
 Bartron v. Dep’t of Def., EEOC Appeal No.
0720100054 (March 3, 2011), req. for recon.
denied, EEOC Request No. 0520110399 (August
26, 2011).
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Federal Winter Webcast Series
Scenario #5
A federal employee did not get along with her
supervisor. Relationship worsened when she
disclosed her mental disability and asked for an
accommodation, fewer face to face meetings with
the supervisor, and written instructions in e-mail
when possible. Her supervisor denied the request.
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Federal Winter Webcast Series
Discussion
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employer does not have to switch someone's
supervisor as an accommodation, but may have to
modify supervisory methods (subject to undue
hardship)
employer may still require employee be able to
perform essential functions, and hold employee to
uniformly applied production and performance
standards
train front-line supervisors: follow accommodation
procedures & guard against retaliation
Wagner v. Dept. of Transportation, EEOC Appeal No.
0120103125 (Dec. 1, 2010)
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Federal Winter Webcast Series
Scenario #6
A federal employee scheduled a meeting with HR to
discuss his problems handling “stress.” He asked for
help to reduce his stress at work. HR responded
“every job has stress and we all have to deal with it.”
He ended up applying for disability retirement, but
contacted JAN trying to figure out what legal
recourse he has because he really wanted to
continue working.
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Federal Winter Webcast Series
Discussion
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any request for a change due to a medical condition
is legally a request for reasonable accommodation
if the disability or the need for accommodation is not
obvious or already known, the employer is permitted
to obtain reasonable supporting medical information
train front-line supervisors: if the request is unclear
or incomplete, that doesn't mean the employee does
not have a disability; err on the side of caution and
ask the employee for clarification
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Federal Winter Webcast Series
Scenario #7
A federal employee asked for a new office chair
because of a back impairment and limitations in
sitting. Doctor included lifting restriction in medical
documentation. An outdated job description had
lifting requirements. Agency put the employee on
leave until he could undergo a fitness for duty exam.
The employee contacted JAN, concerned about
keeping his job.
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Federal Winter Webcast Series
Discussion
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if you're going to rely on a job description, make sure
it's up to date and that you are interpreting/applying it
correctly
Braheny v. Commonwealth (E.D. Pa. Jan. 18, 2012)
Rehabilitation Act standard for FFDE: must be jobrelated and consistent with business necessity, i.e.,
agency must have a reasonable belief, based on
objective evidence, that (1) an employee's ability to
perform essential job functions will be impaired by a
medical condition; or (2) an employee will pose a
direct threat due to a medical condition
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Federal Winter Webcast Series
Scenario #8
Federal employee’s unit moved. She asked to take
her ergonomic workstation with her. Her request
was denied based on agency policy that each unit is
responsible for its own furniture and equipment.
Agency policy also stated that equipment provided
as an accommodation will follow the employee. The
two units continued to disagree about the furniture
for months.
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Federal Winter Webcast Series
Discussion
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don't penalize an employee when there is confusion,
such as how an accommodation will be funded
undue delay can constitute an unlawful denial of
accommodation
utilize your disability program manager, upper-level
management, and counsel to resolve disputes about
how to handle accommodation request
Valle-Arce v. Puerto Rico Port Auth. (1st Cir. 2011)
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Federal Winter Webcast Series
EEOC as a Resource
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Federal Winter Webcast Series
Contact
 (800)526-7234 (V)
(877)781-9403 (TTY)
 AskJAN.org & jan@askjan.org
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